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Majority opinion

About: Majority opinion is a research topic. Over the lifetime, 4107 publications have been published within this topic receiving 54845 citations. The topic is also known as: opinion of the court.


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Journal ArticleDOI
TL;DR: The will of the nation is the only thing essential to be regarded as discussed by the authors, and it cannot be denied that the will of any nation is essential to the existence of its own government.
Abstract: language which has not yet lost its timeliness nor, indeed, its freshness, although it has often been quoted, We surely cannot deny to any nation that right whereon our own government is founded, that everyone may govern itself according to whatever form it pleases, and change these forms at its own will; and that it may transact its business with foreign nations through whatever organ it thinks proper, whether king, convention, assembly, committee, president, or anything else it may choose. The will of the nation is the only thing essential to be regarded.

14 citations

17 Jan 2014
TL;DR: In this article, the Court's history, history, career, careers, strategic statement, Court performance, annual reports, and annual reports are discussed. And the authors present a strategic statement of the Court.
Abstract: About the Court, Judges, history, careers, strategic statement, Court performance, annual reports

14 citations

Journal ArticleDOI
TL;DR: This article found that adding either ideological breadth or a new member to the majority coalition results in an opinion that is less likely to be overruled, criticized, or questioned by a later court, and because of later interpreters negative reactions to narrow coalitions, the law ends up being less ideological than the Justices themselves.
Abstract: Should a strategic Justice assemble a broader coalition for the majority opinion than is necessary, even if that means accommodating changes that move the opinion away from the author’s ideal holding? If the author’s objective is to durably move the law to his or her ideal holding, the conventional answer is no, because there is a cost and no corresponding benefit. We consider whether attracting a broad majority coalition can placate future courts. Controlling for the size of the coalition, we find that cases with ideologically narrow coalitions are more likely to be treated negatively by later courts. Specifically, adding either ideological breadth or a new member to the majority coalition results in an opinion that is less likely to be overruled, criticized, or questioned by a later court. Our findings contradict the conventional wisdom regarding the coalition-building strategy of a rational and strategic opinion author, establishing that the author has an incentive to go beyond the four most ideologically proximate Justices in building a majority coalition. And because of later interpreters’ negative reactions to narrow coalitions, the law ends up being less ideological than the Justices themselves.

14 citations

Journal ArticleDOI
TL;DR: The United States Supreme Court has the power of declaring acts of Congress unconstitutional and of refusing to enforce them as law as discussed by the authors, a power that has been the subject of great controversy as to both theory and practice.
Abstract: Ever since the famous case of Marbury v. Madison in 1803, the United States Supreme Court has exercised the power of declaring acts of Congress unconstitutional and of refusing to enforce them as law. From the beginning, the exercise of this power has been the subject of great controversies as to both theory and practice. It has been assailed as subverting the true nature of our government. It has been stigmatized as the foundation of a judicial obligarchy. It has been attacked as a means for the nullification of the popular will as expressed in Congress. It will be the purpose of this paper, therefore, to inquire into the use of this power in relation to acts of Congress with especial regard to (1) the criticisms that have been made at various times throughout American history, and (2) the proposals that have been made to modify the exercise of this power.

14 citations


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Performance
Metrics
No. of papers in the topic in previous years
YearPapers
202313
202238
202114
202027
201923
201820